But the widespread adoption of AI technology for HR functions has recently drawn the attention of federal agencies such as the Department of Justice and the Equal Employment Opportunity Commission, which are interested in how these AI technologies could be influencing hiring and other decision-making processes. Specifically, these agencies are examining how AI and other advanced technologies in hiring and other processes may negatively impact people with disabilities. For instance, in a May 12 Technical Assistance Document titled The Americans with Disabilities Act and the Use of Software, Algorithms and Artificial Intelligence to Assess Job Applicants and Employees, the EEOC cautioned employers that their use of AI and other related hiring technologies could violate the Americans with Disabilities Act if:

The employer does not provide a "reasonable accommodation" that is necessary for a job applicant or employee to be rated fairly and accurately by the algorithm.
The employer relies on an algorithmic decision-making tool that intentionally or unintentionally "screens out" an individual with a disability, even though that individual is able to do the job with a reasonable accommodation.
The employer adopts an algorithmic decision-making tool for use with its job applicants or employees that violates the ADA's restrictions on disability-related inquiries and medical examinations.

Related: The workforce of the future, according to Top 100 HR Tech Influencers

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